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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 2

Agenda item no

02SUB 14/9/2023

Subject

PROPOSED LEASE OF CITY OWNED LAND, BEING PORTIONS OF THE REMAINDER OF ERF 2289 AND ERVEN 2581, 2582, 2309 – 2313, 2315 AND 2318 – 2327 KRAAIFONTEIN, SITUATED AT 9TH AVENUE, KRAAIFONTEIN: BELMONT SPURS CARE PROJECT (236-042 NPO) FOR USE BY BELMONT SPURS FOOTBALL CLUB

Meeting date

Wednesday, September 20, 2023

Resolution

Approved

Date closed

Wednesday, October 04, 2023

Resolution detail

PROPOSED LEASE OF CITY OWNED LAND, BEING PORTIONS OF THE REMAINDER OF ERF 2289 AND ERVEN 2581, 2582, 2309 – 2313, 2315 AND 2318 – 2327 KRAAIFONTEIN, SITUATED AT 9TH AVENUE, KRAAIFONTEIN: BELMONT SPURS CARE PROJECT (236-042 NPO) FOR USE BY BELMONT SPURS FOOTBALL CLUB
 
Melissa Van Der Westhuizen was present for the item.
 
The ward councillor supported the above-mentioned application as this specific football club consist of young footballers who have a positive impact on the surrounding community.
 
The purpose of the report is to consider the proposed lease of Portions of the Remainder of Erf 2289, and Erven 2851, 2582, 2309 – 2313, 2315 and 2318 – 2327 Kraaifontein to Belmont Spurs Care Project for use by Belmont Spurs Football Club for community sporting purposes.
 
It is recommended by Subcouncil 2 that the lease of City-owned land, being portions of the Remainder of Erf 2289 and Erven Erf 2289, and Erven 2851, 2582, 2309 – 2313, 2315 and 2318 – 2327 Kraaifontein, situated at 9th Avenue, Kraaifontein, as shown hatched and lettered ABCDEFGH on the Plan No 130009397 attached and marked Annexure A, in extent approximately 1,2 ha, to Belmont Spurs Football Club, be approved subject to inter alia the following conditions.
 
 
  1. A tariff rental of R1 039,13 per annum, excluding VAT calculated at the rate applicable at the time of transaction, be payable. Rates not applicable;
 
  1. The lease will endure for a period of ten years;
 
  1. The rental will be adjusted annually in terms of the rental tariff structure as approved by Council;
 
  1. The property may be used for sporting purposes only;
 
  1. Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority;
 
  1. Subject to compliance with any other statutory requirements;
 
  1. No compensation will be payable for any improvement made to the property;
 
  1. The tariff rental assumes that the applicant will be responsible for all maintenance to the property;
 
  1. On termination of the lease, the entire leased area must be
reinstated at the Lessee’s expense to a condition acceptable to the City of Cape Town;
 
  1. The club will be responsible for constructing its own club house, ablution facilities, fields, floodlights and any associated infrastructure;
 
  1. A layout of where the soccer field, parking, and club house will be located must be submitted to the Recreation and Parks Department before the commencement of any work on site. Sensitivity toward abutting residential properties must be exercised when designing the layout e,g the club house should preferably be positioned away from residential properties;
 
  • The primary use of all Recreation and Parks managed sporting grounds/ facility precincts remain as community sporting related activities/use. Any non-sporting commercial activity will be subject to the submission and approval of a formal development/land use/building plan application to and from the controlling authorities including approval from the lessor;
 
  1. Income generated on the facility will be used for the management and maintenance of the improvements including the sports facility, local community sports and recreation programmes;
 
  • Any proceeds generated from a commercial activity ancillary to the sporting code requires consent from the Lessor. Such activities may be supported subject to the proceeds being invested into the facility to the benefit of the City and local community;
 
  • The lessee shall provide the City with annual audited financial statements upon request;
 
  1. The lessee will be responsible for managing and maintaining the entire leased area;
 
  1. The Lessee will undertake any capital expenditure with the written permission of the Lessor only. The purpose of the capital expenditure is to repair, improve the City asset to the benefit of the community. The improvements must be of a permanent nature and must form part of the City asset (i.e. not removable) which will increase the asset value (economic/social value) for the City;
 
  1. It is the responsibility of the lessee to provide adequate security in order to secure its facilities;
 
  1. The lessee must develop a record of maintenance plan: A proposed schedule of repairs and maintenance must be maintained by the Lessee and be submitted to the lessor upon request so that due diligence checks can be timeously undertaken;
 
  1. The area identified for lease is situated on the Usage Area captured in IPARA as accountable for by Recreation & Parks. The accountability for the currently defined Usage Area, notwithstanding the proposed lease, will remain entrenched with Recreation & Parks;
 
  1. No person may reside, or sleep in the proposed leased area;
 
  1. Any proposed changes or alterations that may affect  the  existing  underground infrastructure, must be circulated to the Roads Infrastructure Management department for their comment before any work may proceed on the property.
 ACTION: GERDA DU TOIT

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